BIRD SMUGGLER WILL ROOST IN PRISON

Matt O'Connor, Tribune Staff WriterCHICAGO TRIBUNE

An expert on rare and exotic birds who amassed an international reputation as a protector of wildlife was sentenced Monday to nearly 7 years in prison and fined $100,000 for smuggling hundreds of protected parrots into the United States.

U.S. District Judge Elaine Bucklo rejected suggestions by the attorney for Tony Silva that the defendant's actions were motivated by concern over the birds' welfare, given the dangers of poachers and traders.

Instead, Bucklo said, Silva acted out of greed and contributed to the potential extinction of many bird species.

Many of the smuggled birds, including hyacinth macaws, Toco toucans and Queen of Bavaria conures, were unable to survive the journey from South America, stuffed into cardboard containers without food, water or fresh air and hidden in false-bottom suitcases, sentencing-hearing testimony indicated.

The judge said Silva, 36, formerly of North Riverside, was guilty of "great cruelty," adding, "There can be no excuse for your conduct."

Silva was sentenced to 6 years and 10 months in prison, the stiffest punishment meted out in a bird-smuggling case in this country, according to the U.S. Fish and Wildlife Service, which led the investigation.

Bucklo also sentenced Silva's mother, Gila Daoud, 63, of North Riverside to 27 months in prison for assisting in the scheme. Each defendant also was ordered to do 200 hours of community service after being released from prison.

By the time he had reached his 20s, Silva had become internationally reknowned for his knowledge of rare birds and his breeding efforts. He wrote two books and hundreds of articles, lectured widely, and helped launch an effort to save the world's most endangered parrot.

For several years, he held the prestigious post of curator of birds at a park in the Canary Islands that has one of the largest collections of rare birds in the world.

But in a bombshell that rocked the world of those involved in preserving and breeding birds, Silva and his mother were indicted in late 1994, and each pleaded guilty this year.

Silva pleaded guilty to conspiring to smuggle wildlife and filing a false income-tax return. His mother pleaded guilty to assisting in the false tax return.

Bucklo rejected Silva's subsequent attempt to withdraw his guilty plea, and then jailed him in June after finding he had lied repeatedly at a hearing and prosecutors raised concerns he might try to flee.

On Monday, Bucklo said that Silva smuggled about 450 protected birds and seven monkeys worth a combined $1.37 million between 1985 and 1991.

With only 2,000 to 5,000 hyacinth macaws still in existence, Silva was responsible for smuggling 5 to 10 percent of this dwindling population and contributed to its "likely demise," said Assistant U.S. Atty. Sergio Acosta.

Acosta, who prosecuted the case, ridiculed Silva's claim that he wanted to breed the rare birds in captivity and then reintroduce them to the wild.

Noting that Silva bypassed required quarantine safeguards in order to conceal the bird shipments, Acosta said Silva had endangered the health of the birds and other animals.

Acosta emphasized that Silva has shown no remorse and continues to lie about his involvement, recently calling himself "a political prisoner" in one letter.

"Mr. Silva is a prisoner of his own greed," Acosta contended.

Silva was silent at the hearing, but his lawyer, David Schippers, insisted Silva decided to smuggle the birds to protect them after he had "watched natives shoot birds out of trees."

Schippers also criticized the prison term facing Silva, saying it was as much time as is served by some defendants who are convicted of murder.

But Bucklo was unswayed, saying Silva's greed meant future generations might not see hyacinth macaws. "All of this was for personal greed," she said.

Bucklo also rejected probation for Daoud, who said she is the only caregiver for her 92-year-old mother, who is living in a nursing home.

But Daoud's credibility had been tarnished by previous lies, the judge ruled. "The problem is I don't believe her," Bucklo said.